The Sandiganbayan has granted a motion to allow a co-accused in the cases against former National Tobacco Administration (NTA) chief Edgardo Zaragosa and his son to turn state witness.
The anti-graft court’s Second Division granted the prosecution’s motion to discharge farmer Constante Cabitac as a defendant in the cases filed by the Office of the Ombudsman last year against Zaragosa and his son former Narvacan Mayor Zuriel Zaragoza.
The case stemmed from the complaint lodged by former Ilocos Sur Governor Luis Singson.
Based on Singson’s complaint, the Ombudsman indicted the Zaragozas in May 2022 for graft and malversation of public funds, allegedly defrauding farmers of P81 million from the tobacco excise tax funds.
Also charged before the Sandiganbayan were municipal accountant Melody Cadacio and Education Research assistant Mario Cabinte.
In its 27-page resolution on August 18, 2023, the Court sustained the prosecution’s stand that the testimony of Cabitac, as erstwhile president of the Federation of Farmers of Narvacan, Ilocos Sur, is “indispensable and absolutely necessary” to prove the government’s case.
The ruling was penned by Associate Justice Arthur Malabaguio with Associate Justices Oscar Herrera Jr. and Edgardo Caldona concurring.
The prosecutors stated that it was Cabitac who personally encashed Landbank checks totaling P81 million in 2016 since they were issued in his name as president of the Federation of Farmers of Narvacan.
In all these transactions, Cabitac said he was accompanied by Cabinte and Cadacio who subsequently rode with him in an armored vehicle that brought them to the residence of then mayor Zuriel Zaragoza where he was made to turn over the entire sum to the latter.
The prosecution said Cabitac’s testimony will connect all the documentary and testimonial evidence already presented to prove that the Zaragozas, in connivance with accused Cabinte and Cadacio, misappropriated the entire P81 million.
The defendants tried to block the prosecution move, saying Cabitac did not satisfy the requirements for the discharge of an accused to turn state witness.
They claimed there was no additional evidence to support Cabitac’s assertions and that the other witnesses only spoke about incidental topics.
But the Sandiganbayan disagreed, noting that in most crimes, the facts that would sufficiently support a conviction are known only to the participants in committing the criminal offense.
It noted that Cabitac was in a position to provide direct evidence that then Mayor Zaragoza, his father Edgardo Zaragoza who was also a former mayor of the same municipality, together with Cabinte and
Cadacio, misappropriated the local excise tax funds, causing injury to the government.
“Cabitac’s testimony shows first-hand knowledge and direct participation in the misappropriation of funds. The evidence that would prove it was indeed the Zaragozas, in connivance with Cadacio and Cabinte, who carried out the plan to misappropriate the funds can only be supplied by accused Cabitac,” the court stated.
While the prosecution called 11 other witnesses to testify during trial including Landbank executives, three state auditors, Narvacan municipal officials, and complainant Singson himself, the Sandiganbayan held that “no other person can supply direct evidence that would solidify the charges against Zaragozas, Cadacio and Cabinte except Cabitac.”
“Verily, the need to discharge accused Cabitac as state witness arises in this case as he alone has direct and personal knowledge on the involvement of the other accused,” the court added.
